GHUREY Vs. REX

JUDGEMENT

(1.) Raghunath, Ghurey and Panaru were prosecuted under Section 802 read with Section 34, Indian Penal Code, for having committed the murder of one Sukhdeo on 27th June 1947, at about nine o clock in the morning in village, Raniabagh, police station Adalhat, district Mirzapur. Raghunath was acquitted, but Ghurey and Panaru were convicted of the offence with which they were charged and sentenced to death. The latter have come up in appeal to this Court, and the learned Sessions Judge has also submitted the record to this Court for confirmation of the death sentence.

(2.) The deceased Sukhdeo Kunbi son of Bishwanath, was a resident of village Khajraul. Raghunath accused was also a resident of this village, Panaru and Ghurey, appellants, are residents of village Baradih which is situated to the east of village Khajraul about four furlongs away. Village Terhua is about 11/2 kos from village Khajraul to the north connected by means of a metalled road. On the morning of 27 June 1947, Sukhdeo deceased and two other villagers, Lakhan and Bhaggal, were returning from Terhua to Khajraul. Lakhan and Bhaggal were on foot and behind them was Sukhdeo on a cycle. The Canal Patrol, Abdul Karim, was also on Sukhdeo's cycle sitting on the luggage-carrier. Village Raniabagh is midway between Terhua and Khajraul. The prosecution case was that when Sukhdeo came near Raniabagh between the canal culvert and the road culvert, Panaru and Ghurey, appellants and Raghunath assaulted Sukhdeo. The Patrol who was on the luggage-carrier jumped away, while Sukhdeo fell down. Lakhan and Bhaggal saw this occurrence and ran to the rescue of Sukhdeo. There were two betel leaf shops nearby - one belonging to Sita Ram and the other to Matai. These persons also came out of their shops and saw the occurrence. It was alleged that Panaru had a lathi and Ghurey had a spear. One empty ekka was coming from the north. Sukhdeo was seated in the ekka and taken to Khajraul and from there was taken to the police station Adalhat. Sukhdeo himself lodged the first information report at the police station at 10 a.m. As his condition was serious he was taken to Ahraura for medical examination. Dr. S.L. Sharma, Medical Officer in charge of Ahraura dispensary, examined his injuries at 1-30 p. m., and also got his dying declaration recorded in the dispensary at about 2 p. m. Sukhdeo died while the dying declaration was being recorded at 2.30 p. m.

(3.) The injury report prepared by Dr. S.L. Sharma, Medical Officer in charge of Ahraura dispensary, showed thirteen injuries on the person of Sukhdeo. One was a compound fracture; seven were punctured wounds; two were contusions; and three were contused wounds. In the post-mortem examination conducted by Dr. Vishwanath Singh in charge of the Chunar dispensary, only twelve injuries could be detected; one was a contused wound; seven were punctured wounds; three were incised wounds; and one was a bruise. It appears that what Dr. S. L. Sharma had noted as contused wounds were, in the opinion of Dr. Vishwanath Singh, really incised wounds. Thus, according to the post mortem examination, at the most, two injuries could be said to have been inflicted by a lathi, i.e., the contused wound on the head and the braise on the left nee. The incised and punctured wounds were oh the eye-brows, elbow, right forearm, left leg, left ankle, and left hand. Death was due to shock and haemorrhage produced by the multiple injuries, especially the injuries on the right arm and elbow. It will be noticed that though there was no punctured or incised wound on a vital part of the body, yet death was caused very soon after the incident, on account of shock and hemorrhage produced by the multiple injuries.